The Director of Public Prosecutions (DPP) has filed an application before the Nakawa Chief Magistrates Court seeking to access, analyze and extract data from the phones of Dr. Kizza Besigye and his co-accused, Obeid Lutaale, who are facing charges of treason and Misprision of treason.
The application filed on March 5th 2025, was brought to the attention of the Court on Friday when Besigye, Lutaale and their third accused person, Captain Denis Oola, returned before the Court presided over by the Chief Magistrate Esther Nyandoi for an update on the progress of the investigations into charges against them.
As a result, Chief State Attorney Richard Birivumbuka informed the Court that inquiries in this matter are still ongoing. He said they want to ensure that the remaining inquiries are expedited. He sought for an adjournment, which was granted until March 28th 2025.
However, shortly after this, a second case file was called in which the DPP is seeking permission to extract, analyze, and report on any electronic data found on the devices, which include, a red mobile phone with a black cover, a silver iPhone with a blue cover, a black iPhone with a brown/black cover, a purple Samsung phone with a black cover and a black Itel button phone.
According to the application, Besigye and Lutaale are facing charges of treason and misprision of treason in Nakawa Criminal Court Case Number A0008/2025.
Initially, they were being tried at the General Court Martial at Makindye, but the case was transferred to the Uganda Police Force following a Supreme Court decision.
The DPP contends that the police took over the investigations on February 11, 2025, and received several items as exhibits, including the electronic devices in question.
Preliminary investigations according to the DPP suggest that these devices may have been used in the commission of the offenses and could contain relevant data to help in the prosecution of Besigye and Lutaale.
The application is supported by an affidavit of Detective Inspector of Police Odye Benedict, who states that he is a detective inspector of police attached to the Directorate of Criminal Investigations-Kibuli.
He explains that Besigye and Lutaale are accused persons in the treason case and were previously charged before the General Court Martial at Makindye.
Benedict further states that the Uganda Police Force took over the investigations on February 11, 2025, and that he was one of the officers assigned to investigate the case.
During the investigations, Benedict says they received several items as exhibits, including electronic devices like the phones.
The detective Inspector of police emphasizes that preliminary investigations indicate that the devices may have been used in the commission of the offenses and may contain data and information relevant to the determination of the case.
Benedict argues that it is necessary to forensically access, extract, and analyze the devices to determine the exact nature and evidential value of the data. He asserts that preserving and retaining the data obtained is in the interest of justice, as it may be used as evidence.
The DPP is also seeking an order to retain the electronic devices as exhibits until the final disposal of the case. The application emphasizes that granting this request is in the interest of justice.
This particular application has been fixed for hearing on March 14th 2025.
The Prosecution wanted it to be heard today, but the defense lawyers led by Frederick Mpanga and Erias Lukwago objected, saying that they were served on Thursday and that their clients haven’t gotten an opportunity to look through it.
They said they also didn’t know if they still had instructions from Besigye and Lutaale to represent them in this particular matter and wanted to consult them. If they allow, then they will swear affidavits to oppose the application.
The Prosecution, through State Attorney Richard Birivumbuk, asked the court to first strike off the name of A3 from the application such that they remain with A1 and 2 before he proceeds to make his case.
Birivumbuka said they filed this application and served it to counsel of 1 and A2 and by its nature, it warranted a short time. He said they are ready to proceed. He doesn’t mention what the application is about.
Mpanga said it’s true; the application was made on March 5th 2025, and served to Lukwago advocates yesterday, but the accused haven’t yet sat and read the details.
They don’t know if they sat and read the details. They don’t know if they will be instructed to continue representing them in this matter or not.
Mpanga said they need a standover to first talk to their clients on whether they agree or disagree and oppose the application and swear affidavits.
Lawyer Lukwago said the state hasn’t indicated why they just applied yet. Besigye and co accused was kidnapped on November 16th 2024. He said they should be courteous and fair to them as the defense.
But the Prosecutors indicated that the exhibits in the case were received on March 4th 2025, and that as a quick and sensitive institution (the office of the DPP), they quickly drafted the application, uploaded it on ECCMIS, an electronic system of filing cases online because they didn’t know that Besigye’s lawyers are not on that system.
He said they were fair and even took a hard copy to the defense lawyers. Birivumbuka thus prayed for a shorter adjournment.
He said this is part of the investigations and that it would be better, prudent and rational to have this matter adjourned to Monday next week, which the court declined to allow.
Earlier still, the defense lawyers led by Fredrick Mpanga objected to the adjournment in the main case, saying the days of trial by ambush are over.
He said the Prosecution might be chasing wind and demanded to know what is still left to be investigated.
In response, Chief State Attorney Birivumbuka said the prosecution is not obliged to go into the nature of details of investigations of this nature because it’s likely to jeopardize the ongoing investigations.
He said as long as they are still operating within the six months within which investigations are supposed to be done, they are still obliged to only state how far the investigations are ongoing.
But Lukwago complained that this matter of having six months to do investigations needs to be addressed because it’s being abused. He said the right to a fair trial guarantees speedy investigations, trials and all processes to be done expeditiously. Lukwago said it’s this spirit that they want to be upheld by the court to meet legitimate expectations.
He told the court that they only want Birivumbuka to inform them when investigations will be completed for them to prepare accordingly.
Mpanga supplemented that their clients Obed Lutaale and Besigye haven’t been able to enjoy their right to liberty since November 2024 and that the matter is not just starting today but has been on for more than three months.
He asked to be given facilities, but not money, to prepare for the case. He also asked for guidance from the court on this.
On his part, Captain Simon Buswaga Nsubuga, who is the lawyer for Captain Oola said he agreed with his colleagues, saying his client Captain Oola, has been in detention for more than one year and four months and now is bothered as to why investigations are not being concluded after all this long.
Earlier there was tension before the state could conclude, when armed Counter Terrorism officers stood in the Court Hall. They were however insulted by the Court users who decried intimidation until their commander came and told them to get out of Court Hall.
The prosecution alleges that Captain Denis Oula, Dr Kizza Besigye and Lutaale, between February 2023, and November 2024, in Geneva, Switzerland, Athens in Greece and Nairobi in Kenya and other places in Uganda held meetings aimed at soliciting for logistical support and identifying military targets in Uganda with intent to overthrow the government.
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